Andhra Pradesh High Court - Amravati
Andhra Asbestos Transpors Company vs The Union Of India on 27 December, 2023
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
iN THE HIGH COURT OF ANDHRA PRADESH AT AMARA (SPECIAL ORIGINAL JURISDICTION} WEDNESDAY, THE TWENTY SEVENTH DAY OF DECEMB TWO THOUSAND AND TWENTY THREE PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 31079 OF 2023 Between: Andhra Asbestos Transpers Company, Reo. by fs Partner, Pasupuleli Veera. Fradeep, S/o. Late P Srahmaiah, Aged 27 years, having is read Office af D.No. 38/4090, Tak Nagar, YSR Kadapa City and District , . Patitionsr AND 1. The Union of india, Rep. by is joint Secretary, Finance Department, ard Floor, Jeevandeep Gullding, Sansacd Marg, New Delhi 110 004 2. The Assiniant General Manager, State Bank of india, Radapa Main Branch, Kadapa, YOR Raclapa District State Bank of india, Rep. by its Branch Manager, Kadana Main Branch, Radapa, YSR Kadapa District 4. PAV Pavan Surnar, S/o. Late P. Brahmaiah, Aged about 35 years, Rfa. OLNo S7/413, Nehru Nagar, Chinna Chowk, Kadana City and District . Respandsenis Oo Patiion under Aricle 226 of the Constitution of India praying that in the ciroumsiances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or directian mostly ane which is in the nature of a Wit of Mandamus declaring the action of the 2" and 3° Respondants in placing the Current Account bearing No. 40875172088 of Andhra Asbestos Transport Co in State Bank of india (Main Branch), Kadapa city and district on hold at the Insianos of the 4" Respondent is legal, iveguiar, arbitrary, unconstitutional, violation of princinies of nalual justice, contrary to Article 19{g) of indian Conetilulion, jusiified and unsustainable and consequently direct the 2nd and Gnd Respondents to resneve the hold on the Current Account bearing No 4087517 S056 of Andhra Ashestas Transport Oo in State Bank of India (Main Branch), Kadapa city and disirict and thereby parmiiting the Pellioner Firn to continue the banking operations to carry out husiness of the BPOL Metall Quilet. iA NO: TOF 2023 Pehtion under Section 181 CPO sraying that in the circumstances stated in the affidavit Hed in support of the petition, the High Court may be pleased fo diract ihe 2nd and 3rd Responders fo rernove the hold on the Currant Account bearing No.4087S772058 of Andhra Asbestos Transport Co in State Bank of india (Main Granch}, Kadapa city and district and thereby permitting the Petifioner Firm te cominue the banking operations to carry ouf business of the BPCL Retail Outlet, Pending dispasal of WP 3107S of 2023, on the fle of the High Court. The paiider coming on for hearing, upon perusing the Pefifion and the alfigavit fed in suppert thersof and upon hearing the arguments of Sri Sodum Anvesha, Advocate for the Petitioner and of M Uma Dew (CENTRAL GOVT COUNSEL) for the Respondent No.t, the Court made the following ORDER:
KMeard learned counsel for ihe petitioner, who made submissions with reference to the material on record including Exs.P?, P9 and PIG. She submits that the operations of Peircleum Outlet being run by the deponent of the affidavit alang with his brother-4" respondent are being hampered and there 1S amminent threat of cancellation of Dealarshig by the Bharat Petroleum Corporation Limited (BPCL). She submits that in case of any disputes, the ae respondent is entitied fo mvoke the arbitration clause as provided under the Partnershig Deed dated 07.02. 2072 and Instead of availing that remedy, the a respondent is addressing letters ts fhe Rank and acting on the same, the Bank officials are not allowing Banking transactions of the petitioner by keeping tham on hold, She submits that as the Patroleum products are essential commodities, the customers af large are aise being affected and action on the part of the Bank enfertaining the letters of the g respondent woidd result in irreparable logs to the pelitioners Partnership business.
She also submits that though a personal notice pursuant to the orders of thie Court has bean taken out and &° ragpondent was served as per the Mera of Proof of Servios vide US.R.No131504 dated 18.3 2.2823, none entered appearance on behalf of the a respondent, which indicates that the ee respondent is not iterested in the amooth functioning of the Petroleum Outtet, Afr Venkata Rama Rac Kota, learned counsel for the reapondaent-Bank, on fhe other hand, submits that in view of the cammunications received from the 4° respondent, the Bank has no other alternative, except to follaw the instructions, aa the account is being operated jointly by the partners of the Firm.
Considering the submissions made, more particularly that the 6° respondent remained unrepresented deaplite service of personal notice, there shall ke interim direction aa prayed for.
List this case on 294.2024 for filing counfera of the concerned respondants. ° ee A ccs Sdi- AN. NAGAMMA ASSISTANT REGISTRAR TRUE COPY! ', fb eos SO SECTION OFFICER Ta, CVAS ed te wm CFE OM y The Joint Secretary, Union of india, Finance Depariment, Srd Flor, Jeavandesn Bullding, Sansad Mara, New Osihi 170 004 The Assistant General Manager, State Bank of india, Radapa Main Sranch, Radanpa, YSR Nadapa District The Branch Manager, Stale Bank of India, Radaoa Main Branch, Kadaps, YSR. Kadapa District PUY. Pavan Kisnar, S/o. Late P. Brahrnaiah, Aged about 3 years, Rfo. DLNG. 37/449, Nehru Nagar, Chinria Chowk, Radapa City and District (Addrassee nos.7 to 4 by RRPAD} One CC to Sn Sodurn Anvesha, Advocate [OPUC) One OC to Ms M Oma Devi (Central Geant Counsel) [OPUC) One CO to Sri Venkata Rama Rao Sota, Advacate f[OPUC) One spare copy HIGH COURT NUS,J DATED 27/4 2/2023 LIST THIS CASE ON 28.04.2024.
ORDER WP. No.oia?? of 2023 INTERIM DIRECTION